MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 1 May 2018
COMMENCING AT 7.00pm
Attendance
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor (7.10pm), Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Governance Coordinator, Manager Development Assessments, Senior Planner (Glenn)
1.1 APOLOGIES
Nil
The Mayor advised that the meeting was being livestreamed and recorded.
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr J McRae declared a pecuniary interest in item 2.7 of the Planning and Development Committee (Use of Old Netball Courts for Overflow Parking) as she owns property adjacent to the old netball courts.
Cr J McRae declared a significant non-pecuniary interest in item 6.5 (Racing Orange) of the Closed Council Meeting as a family member is on the Board of Racing Orange.
Cr R Kidd declared a significant non-pecuniary interest in item 5.2 (Aussie Night Market Event) as on the Board of TDO, one of the submitters opposing this event.
Cr J Hamling declared a significant non-pecuniary interest in item 5.2 (Aussie Night Market Event) as on the Board of TDO, one of the submitters opposing this event.
Cr J Whitton declared a significant non-pecuniary interest
in item 5.2 (Aussie Night Market Event) as on the Board of TDO, one of the
submitters opposing this event.
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TRIM Reference: 2018/993 |
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RESOLVED - 18/179 Cr J Whitton/Cr S Munro That Orange City Council commit to a review/update of the 2008 Blayney, Cabonne and Orange Sub-Regional Rural and Industrial Land Use Strategy to a maximum of $50,000.
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THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM
OPEN FORUM
PDC – Item 2.2 - Development Application DA 347/2017(1) - 68-74 Molong Road
Lynette Bullen
Ms Bullen outlined her objection to the development application.
Greg Hargreaves – Applicant
Mr Hargraves sought Council’s approval of the development.
Mauro D’Amico
Mr D’Amico outlined his objection to the development application.
Josh Fitzgerald
Mr Fitzgerald outlined his object to the development application.
Thomas Priest
Mr Priest declined to speak.
PDC – Item 2.4 - Development Application DA 405/2017(1) - 241 Ploughmans Lane
Jeff Errey
Mr Errey outlined his concerns with the development.
Paul Owens – Applicant
Mr Owens sought Council’s approval of the development.
Leon Paix – City of Orange Brass Band
Mr Paix distributed information to Council on costs faced by the Band and sought Council’s consideration of possible support that could be provided.
CCL - Item 2.1 - 2008 Blayney, Cabonne and Orange Sub-Regional Rural and Industrial Land Use Strategy
Anne Satler
Ms Satler sought Council’s support of the update to the Blayney, Cabonne and Orange Sub-Regional Rural and Industrial Land Use Strategy.
FPC – 2.2 – Orange Theatre Company
Tim May
Mr May outlined history and operations of the Orange Theatre Company and sought Council’s support to either waive the outstanding loan repayments totalling $30,000, waive half of the outstanding loan repayments (ie $15,000) or extend the loan repayment period for a further two years (to be reviewed after the current season).
Item 4.1 - Formation of Orange Swim Club
Michael Thornhill - Jets
Mr Thornhill spoke in favour of the model adopted by Council on 3 April 2018 for the formation of one Orange swim club.
Theresa Armstrong – Volunteer Coach
Ms Armstrong spoke in favour of the model for the one swim club that utilises volunteer coaches.
Tanya Chapman – City of Orange Swim Club
Ms Chapman outlined concerns with model adopted by Council on 3 April 2018.
Peter Archer
Mr Archer spoke in support of the “Randwick Model” and expressed concern about the model adopted by Council.
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.15PM
3 Confirmation of Minutes of Previous Meeting
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RESOLVED - 18/180 Cr J Whitton/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 17 April 2018 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 17 April 2018. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 8.16PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 10.01PM
4 Notices of Motion/Notices of Rescission
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TRIM Reference: 2018/1044 |
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RESOLVED - 18/201 Cr J McRae/Cr S Nugent 1 That Council delegate authority to the General Manager to enter into a contract with Service NSW for Easy to do Business. 2 That permission be granted for the use of the Council Seal on any relevant document, if required.
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TRIM Reference: 2018/1056 |
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MOTION Cr S Nugent/Cr M Previtera 1 That in accordance with Council’s commitment to the Cities Power Partnership (CPP) and in the interests of Council leading by example in responsible energy consumption, Council adopt the following five pledges as a framework for future renewable energy, energy efficiency and sustainable transport projects: · Power Council operations by renewables, directly (with solar PV or wind), or by purchasing Greenpower (from electricity retailers). Set targets to increase the level of renewable power for Council operations over time. · Adopt best practice energy efficiency measures across all Council buildings, and support community facilities to adopt these measures. · Public lighting can use a large proportion of a City’s energy budget - roll out energy efficient lighting (particularly street lighting) across the municipality. · Ensure that new developments are designed to maximize public and active transport use, and are designed to support electric vehicle uptake · Implement an education and behaviour change program to influence the behaviour of Council officers, local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport. 2 That any Council projects proposed in support of the Cities Power Partnership (CPP) Pledges which require resources not currently budgeted, come before Council for consideration and adoption subject to Council staff analysis and recommendation.
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AMENDMENT Cr T Mileto/Cr S Munro That Orange City Council do a cost analysis of the normal cost of power consumption from the retail provider and the cost to Council of nominating green energy.
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED |
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RESOLVED - 18/202 Cr S Nugent/Cr M Previtera 1 That in accordance with Council’s commitment to the Cities Power Partnership (CPP) and in the interests of Council leading by example in responsible energy consumption, Council adopt the following five pledges as a framework for future renewable energy, energy efficiency and sustainable transport projects: · Power Council operations by renewables, directly (with solar PV or wind), or by purchasing Greenpower (from electricity retailers). Set targets to increase the level of renewable power for Council operations over time. · Adopt best practice energy efficiency measures across all Council buildings, and support community facilities to adopt these measures. · Public lighting can use a large proportion of a City’s energy budget - roll out energy efficient lighting (particularly street lighting) across the municipality. · Ensure that new developments are designed to maximize public and active transport use, and are designed to support electric vehicle uptake · Implement an education and behaviour change program to influence the behaviour of Council officers, local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport. 2 That any Council projects proposed in support of the Cities Power Partnership (CPP) Pledges which require resources not currently budgeted, come before Council for consideration and adoption subject to Council staff analysis and recommendation.
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TRIM Reference: 2018/351 |
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MOTION Cr J Whitton/Cr R Turner 1 That Council enter into a five year lease of part of the Water Treatment Plant to Crallen Pty Ltd for the purposes of broadcasting, with one five year option. 2 That approval be granted to use the Council Seal on any necessary documentation if required.
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AMENDMENT Cr R Turner/Cr S Munro That the item be deffered pending consultation on this proposal with Orange Community Radio. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED
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RESOLVED - 18/203 Cr J Whitton/Cr R Turner 1 That Council enter into a five year lease of part of the Water Treatment Plant to Crallen Pty Ltd for the purposes of broadcasting, with one five year option. 2 That approval be granted to use the Council Seal on any necessary documentation if required.
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TRIM Reference: 2018/1021 |
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Crs R Kidd, J Hamling, J Whitton and the General Manager declared a significant non-pecuniary interest in this item as Directors on the Board of TDO, one of the submitters opposing this event, left the Chamber, and did not participate in the voting or debate on this item. Cr McRae (Deputy Mayor) chaired the meeting for this item |
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MOTION Cr R Turner/Cr S Nugent That Council not support the proposed Aussie NightMarket event proposed for 18 and 19 May 2018. |
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ON BEING PUT TO THE MEETING THE MOTION WAS LOST |
MATTER ARISING
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RESOLVED - 18/204 Cr K Duffy/Cr G Taylor That Council permit the Aussie Night Market event to proceed on 18 and 19 May 2018 as a one-off event, with a review to be undertaken after the event to determine community support within the Orange Local Government Area of the event.
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** Crs Turner, Munro and Nugent requested that their names be recorded as having voted against this decision of the Council. **
Cr Kidd (Mayor) resumed the chair
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TRIM Reference: 2018/1053 |
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RESOLVED - 18/205 Cr K Duffy/Cr J Hamling That the report by the Manager of Corporate and Community Relations on the Health Precinct Masterplan be acknowledged.
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In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
Cr Duffy expressed concern about Item 6.5 – Racing Orange, being considered in a Closed meeting. Council was advised that the report and attachments included information that legitimately met requirements of Section 10A(2) d and e.
The Mayor ruled the matter be considered in Closed Meeting.
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RESOLVED - 18/206 Cr S Nugent/Cr K Duffy That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Entering into a Regional Contract for the supply and delivery of Bitumen Emulsion to Central NSW Councils This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)ii information that would, if disclosed, confer a commercial advantage on a competitor of the council. 6.2 Tender - Provision of Air Conditioning Maintenance This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 Lease Lot Hangar Site F Orange Airport This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.4 Sale 1 Ash Street - Lot 1 DP 839889 This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.5 Racing Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d)i commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 6.6 Robertson Park toilet design and costing This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.7 Landing charges and flight costs This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 11.29pm.
The Mayor declared the Ordinary Meeting of Council resumed at 12.06am.
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
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6.1 Entering into a Regional Contract for the supply and delivery of Bitumen Emulsion to Central NSW Councils TRIM Reference: 2018/896 |
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RESOLVED - 18/207 Cr R Turner/Cr S Munro 1 That Council enter into a two year contract with Boral Asphalt for the supply and delivery of bitumen emulsion. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
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TRIM Reference: 2018/601 |
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RESOLVED - 18/208 Cr J Hamling/Cr K Duffy 1 That the contract F2726 for air conditioner maintenance be awarded to Williams Oriel for the amount of $32,160 for annual inspections and a maintenance technician rate of $90/hour with a $110 per callout for a three year period. 2 That permission be granted for the use of the Council Seal on any relevant document if required.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
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Voted Against |
Nil |
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Absent |
Nil |
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TRIM Reference: 2018/961 |
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RESOLVED - 18/209 Cr K Duffy/Cr S Nugent 1 That Council enters into a lease of the eastern section of Hangar F Orange Airport for a period of six months. 2 That permission be granted to use the Council Seal on all necessary documentation, if required.
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TRIM Reference: 2018/1043 |
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RESOLVED - 18/210 Cr S Munro/Cr R Turner 1 That Council sell 1 Ash Street Orange for the sum of $759,525 (ex GST). 2 That the proceeds be transferred to the Land Development Reserve. 3 That permission be granted for the use of the Council Seal on any relevant document if required.
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TRIM Reference: 2018/1049 |
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Cr J McRae declared a significant non-pecuniary interest in this item as a family member is on the Board of Racing Orange, left the Chamber, and took no part in the debate or voting on this matter. |
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MOTION Cr R Kidd/Cr S Munro That this matter be deferred until Council receives advice from the Office of Local Government. |
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AMENDMENT Cr G Taylor/Cr T Mileto That this matter be deferred. |
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THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED
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RESOLVED - 18/211 Cr R Kidd/Cr S Munro That this matter be deferred until Council receives advice from the Office of Local Government.
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TRIM Reference: 2018/1051 |
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RESOLVED - 18/212 Cr R Turner/Cr J McRae 1 That Council endorse the location of the proposed toilet facility contained in this report. 2 That Council progress with the full design of toilet contained in this report. 3 That Council lodge a development application for the toilet facility in accordance with this report, as soon as possible.
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** Cr Nugent requested that his name be recorded as having voted against this decision of the Council. **
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TRIM Reference: 2018/74 |
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RESOLVED - 18/213 Cr R Turner/Cr S Munro 1 That Council enter into a five year growth incentive partnership with Rex and a community fare scheme of $109 each way flights to Sydney as set out in this report. 2 That permission be granted to use the Council Seal on all necessary documentation, if required.
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Cr Munro requested the State and Federal Members be invited to attend a meeting of Orange City Council to discuss opportunities for Orange. |
The Meeting Closed at 12.15AM
This is Page Number 12 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 May 2018.